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The Fourteenth Amendment to the United States Constitution requires states to recognize same-sex marriages

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The Fourteenth Amendment to the United States Constitution requires states to recognize same-sex marriages
Subjects
Fourteenth Amendment
Homosexuality
Marriage
United States
Linking arguments
Governments should recognize both opposite and same sex marriages
The power to recognize same-sex marriages or not is reserved for state governments in the United States


Supporting arguments

The Fourteenth Amendment requires that all states grant to its citizens "equal protection" under the laws of the land. Restricting marriage to heterosexual couples is inequal application of the law, and it therefore violates the Fourteenth Amendment. [1]


The United States Supreme Court has repeatedly found that marriage is a fundamental right. Relevant cases include Turner v Stafley and Loving v Virginia[2]

Opposing arguments

Restricting marriage to opposite-sex couples applies the law equally because all individuals are equally allowed to marry and individual of the opposite sex. Thus, it does not violate the Fourteenth Amendment[3] [4]


Civil unions are recognized between same-sex couples in some states. This provides for a separate but equal institution analagous to marriage, which effectively grants many of the same rights as marriage. The allowance of civil unions means that restricting marriage to opposite-sex partners does not violate the Fourteenth Amendment[5]


In order for the Fourteenth Amendment to apply, same-sex couples would have to be seen as a "suspect class" under the law. This classification is usually reserved for women and racial or religious minorities, and it does not apply to sexual orientation. [6]


The Supreme Court has never accepted the notion that there is a right to marriage at all. [7]


If the legislators that wrote the Fourteenth Amendment thought that it necessitated the recognition of same-sex marriages, such marriages would have been recognized at that time. [8]

Notes

  1. Quest
  2. kohai
  3. Janus
  4. Alex Knepper
  5. Janus
  6. Janus
  7. MrMinister
  8. Bill
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